MCA - it's time for a referendum - LEGAL & OTHER THOUGHTS by George Lo

I don't think the MCA President should quit. The vote of no-confidence was carried by a wafer-thin margin. This was what I said in a comment I left on his blog:

Datuk Seri,

Before you make the ultimate sacrifice of resigning the Presidency, I would like you to consider the following:

1.The motion of ‘no confidence’ was carried by a majority of 14 votes. That means, if 7 of the ‘no confidence’ delegates had voted otherwise, the motion would have been defeated.

2.Article 35 of the MCA constitution expressly stipulates that Party Officials (elected or appointed) can only be removed by a 2/3 majority of the delegates present and voting at a General Assembly. The rationale is obvious. It is to avoid just this situation – where the position of the Presidency turns upon the votes of a few delegates.

3.Article 23 permits the CC to fill any vacancy until the next General Assembly but it is made expressly subject to article 40 which stipulates that only the Deputy President can replace the President in the event that the President ceases to hold office.

4.There is no Deputy President. In such event, article 167 mandates you to hold office until a new President is validly elected to replace you.

5.Having regard to the apparent deadlock in the support of the 2 factions in the General Assembly, convening another EGM to elect a President would be highly undesirable. In this case, it is perhaps time for the CC to consider returning to the grassroots. To the ordinary members who are not swayed by any vested interests on either side.

6.It is perhaps time for the CC to invoke article 171 and refer the Presidency and the future direction of the Party to a referendum.

Although not an MCA member, I personally believe you still command the support of the vast majority of the ordinary members of the Party. Your office carries with it onerous responsibilities to the Party, its members and to the Chinese community in general. Such responsibilities require you to think of more than the few delegates who comprised the wafer-thin majority at the EGM.

George Lo.

7/11/2012 01:20:56 am

THX for info


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